Item P02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/21/2007
Division: County Attornev
Bulk Item: Yes...lL- No
StaffContact/Phone #: Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of consulting agreement with K. Marlene Conaway to
provide expert witness testimony in the matter of Florida Keys Citizens Coalition, et al. v. Dept. of
Community Affairs andMonroe County, DOAH 06-2449.
ITEM BACKGROUND: Ms. Conaway was the County's planning director during the development
of the Tier system. Her testimony is needed by the County to defend the above-referenced
administrative challenge. When she first agreed to testifY on behalf of the County, she was working for
DCA and thus was being paid by the department. Since she has now left DCA's employ, a contract is
now necessary for her to testifY on the County's behalf Her billing rate is $150.00 per hour.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDA nONS: Approval.
TOTAL COST:
unknown
BUDGETED: Yes
No
COST TO COUNTY:
unknown
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH YEAR
APPROVED BY: County Atty ~ OMB/Purchasing_
Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 11/06
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AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as of this oJ:? day of ~ ,2007,between
Monroe County ("COUNTY"), a political subdivision of the Stati of Florida 11 se address is 1100
Simonton Street, Key West, Florida 33040 and K. Marlene Conaway ("CONSULTANT"), whose
address is 1143 Circle Drive
Tallahassee, FL 32301, for expert witness and consulting services in connection with the lawsuit or
claim known as FLorida Keys Citizens Coalition & Last Stand v. Dept. of Community Affairs and
Monroe County, DOAH 06-2449, an administrative challenge to the adoption of County's tier
ordinances ("Litigation");
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert witness and
consulting services in the area(s) of natural resources and environmental planning in connection with
the Litigation; and
WHEREAS, CONSULTANT desires to render these Services as described in SECTION I, Scope
of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants
contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSUL TANT will provide expert witness testimony, necessary related research and investigation
in the litigation.
SECTION II. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be at the rate of$150.00
per hour.
SECTION III. PAYMENT
Consultant shall be reimbursed for travel and other expenses only to the extent and in the amounts
authorized by Article XXVI of the Monroe County Code, payment will be made periodically, but no
more frequently than monthly, in arrears. Expenses shall be submitted by CONSULTANT and
authorized by the COUNTY in writing with backup documentation as required by the Clerk of Court.
The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of the Board members
at the time of contract initiation and its duration.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed by written
amendment to this Agreement after execution of this Agreement, compensation due to the
CONSULTANT shall be equitably adjusted, either upward or downward.
SECTION IV. PERIOD OF SERVICE
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This Agreement shall become effective upon signature by all parties and shall continue in effect until
the services are completed or terminated. This Agreement may be terminated by either party, with or
without cause, upon seven days written notice to the other party.
SECTION v. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity nor does
COUNTY agree to hold the Consultant harmless; notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver.
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in Monroe
County .
SECTION VII. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall be
valid and binding upon the parties. One or more waivers by either party of any provision, term or
condition shall not be construed by the other party as a waiver of any subsequent breach of the same
provision, term or condition.
SECTION VIII. NONDISCRIMINATION
CONSUL TANT and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964
(pL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (pL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other
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nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
SECTION IX. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the
individuals and addresses listed below, or if delivered or sent by first class mail, certified, return
receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shall be
dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be
directed to:
FOR COUNTY:
Mr. Robert Shillinger
Chief Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041
FOR CONSULTANT:
K. Marlene Conaway
1143 Circle Drive
Tallahassee, FL 32301
SECTION X. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XI. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONSULTANT and their respective legal representatives, successors, and
assigns.
SECTION XII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
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Date:
K. Marlene Conaway, "Consultant"
By: "K !lfJio",.-n ~
Name: J( !l11111t-F,oG atJ/l1lX<-1
Date: 0/ /p/2jtJ 7
I /
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